The URL can be used to link to this page

Home My WebLink AboutORD NO 4250ORDINANCE NO. ~ ~ 5 0 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 101-34) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL TO R-I (ONE-FAMILY DWELLING) ON APPROXIMATELY t3 ACRES GENERALLY LOCATED ALONG THE WEST SIDE OF RENFRO ROAD, SOUTH OF JOHNSON ROAD AND APPROXIMATELY 700 FEET NORTH OF STOCKDALE HIGHWAY. (FILE # 04-1336) WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield located along the west side of Renfro Road, south of Johnson Road and approximately 700 feet north of Stockdale Highway; and WHEREAS, by Resolution No. 189-04 on December 16, 2004, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-1 zoning as delineated on attached Zoning Map marked Exhibit B 1, by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a Mitigated Negative Declaration of environmental impact and changes in zoning of the subject property from GC (General Commercial) to R-1 (One-Family Dwelling) and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations relating to the preparation and adoption of Mitigated Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, a Mitigated Negative Declaration was advertised and posted on November 18, 2004, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows urban development; and WHEREAS, the City Council has considered and hereby makes the following findings: All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. Mitigation Measures shown on Exhibit No. B 2 are included in the project to ameliorate impacts. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield General Plan. ORIGINAl. The public necessity, general welfare and good planning practices justify the amendment to Title Seventeen of the Municipal Code and Zoning Map No. 101-34 Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. The Negative Declaration is hereby approved and adopted. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map 101-34 marked Exhibit B 1 attached hereto and made a part hereof, and are more specifically described in attached Exhibit B 3. Such zone change is hereby made subject to the mitigation measures/conditions of approval listed in attached Exhibit B 2, subject to approval of GPA 04-1336. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ......... 000 ......... ORiG NA[ I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Councilof the City of Bakersfield at a regular meeting thereof held on AP~ ff. ? 21]D5 by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER -'~e~,~.~-~, J A. McCARTHY, Cl~ PAMELA CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2 7 2005 APPROVED as to form VIRGINIA GENNARO City Attorney EXHIBITS: (Attached) B Resolution 1 GPA Map 2 Mitigation/Conditions 3 Legal S:\Dole\04-1336\CC ;Z3C Ord I.DOC 3 ORIGINAL ORiGiNAl EXHIBIT B 2 ZONE CHANGE 04-1336 MITIGATION/CONDITIONS Planning Department Cultural With submittal of a tentative map application, site plan review or grading plan, whichever occurs first, a cultural resources field survey and a cultural/archaeological clearance letter from the California Archaeological Inventory (CAI) at California State University shall be provided to the Planning Director. If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. If cultural resources are unearthed during ground disturbance activities, all work shall halt in the area of the find. A qualified professional archaeologist shall be called in to evaluate the findings and make the appropriate mitigation recommendations. Noise-Westside Parkway 1. Construct a sound wall 12 feet in height along the subject site's north boundary. Public Works 1. Prior to an application being deemed complete for land division, development, boundary adjustment, or other approval for the GPA/ZC site, the following shall be completed to the satisfaction of the City Engineer: Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. Page '1 of 3 S:~Dole~04-1336~EXHIBIT B ZC Final Mitigation.doc ORIGINAl The study shall be approved and any required retention site and necessary easements dedicated to the City. Submit verification to the City Engineer of the existing sewer system capability to accept the additional flows to be generated through development under the new land use and zoning. Provide fully executed dedication for Renfro Road to arterial standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. 2. Each lot within the entire subdivision shall pay its proportionate share of the major improvement. 3. Due to the proximity to the Kern River Parkway additional dedication may be required. Access to the arterial street will be limited and determined at time of division or development. 4. If irrigation lines or ditches will be within the ultimate street rights of way, then the applicant shall relocate and/or pipe the existing irrigation canals or ditches. An irrigation line will not be allowed in the road right-of-way, but must be located outside the right-of-way. 5. Payment of median fees for the frontage of the property within the GPNZC request. These fees may be paid prior to recordation of any map or approval of improvement plans. 6. Development on the site shall be subject to the Phase III Traffic Impact Fee schedule per Resolution 171-03. 7. The entire area covered by this General plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment or parcel map waiver for any portion of this GPA area. TRAFFIC COMMENTS A traffic analysis dated September 17, 2004 was prepared by Porter · Robertson Engineering showing a reduction in trip generation and was found to be acceptable. The higher allowable density is accounted for in the Transportation Impact Fee program, which provides full mitigation. Therefore, since this change Page 2 of 3 S:\Dole~04-1336~EXHIBIT B ZC Final Mitigation.doc OR!GIhlAi would constitute a reduction in trip generation the mitigation provided for in the fee program will provide adequate mitigation. Consequently no traffic impact study would be necessary. We recommend that the development be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. San Joaquin Valley Air Pollution Control District Staff recommends that the applicant consult with the SJVAPCD and comply with all rules applicable to this project. Department Of Conservation, Division of Oil and Gas If any previously unrecorded oil, gas, injection or other well associated with oil, gas injection, etc. is uncovered, the developer shall immediately notify the Division Office in Bakersfield and such division shall determine the remedial action to be undertaken. S:\Dole~4-1336~EXHIBIT B ZC Final Mitigation,doc Page 3 of 3 S:~Dole~04-t336~EXHIBIT B ZC Final Mitigation.doc EXHIBIT B3 ZC 04-1336 LEGAL DESCRIPTION Lot 38 of Tract 6012 Phase 1, in the City of Bakersfield, County of Kern, State of California, per Map recorded November 19, 2002 in Book 49, Pa§e 35, 36 and 37 of Maps, in the Office of the County Recorder of said County AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 28th day of April , 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4250, passed by the Bakersfield City Council at a meeting held on the 27th day of April, 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 101-34) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL TO R-1 (ONE-FAMILY DWELLING) ON APPROXIMATELY 13 ACRES GENERALLY LOCATED ALONG THE WEST SIDE OF RENFRO ROAD, SOUTH OF JOHNSON ROAD AND APPROXIMATELY 700 FEET NORTH OF STOCKDALE HIGHWAY (FILE #04-1336) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield DEPUTY City C~rk S:\DOCUMENT~FORMS~AOP.ORD.wpd